S 239 IS

To improve access to the Cuban market for American agricultural producers and for other purposes.

February 1, 2001

Mr. HAGEL (for himself, Mr. DODD, Mr. ROBERTS, Mr. DORGAN, and Mr. LUGAR) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

To improve access to the Cuban market for American agricultural producers and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cuba Food and Medicine Access Act of 2001'.

TITLE I

SEC. 10. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH CUBA TO ALLOW FOR THE EXPORT OF FOOD AND MEDICINES TO CUBA.

Notwithstanding the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426 of the One Hundred Sixth Congress, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of that Act) (except section 904 of such Act) or any other provision of law (except section 11 of this Act), the prohibition or restriction on trade or financial transactions with Cuba shall not apply with respect to the export of any agricultural commodities, medicines, or medical devices, or with respect to travel incident to the sale or delivery of agricultural commodities, medicines, or medical devices, to Cuba.

SEC. 11. LIMITATION ON EXCEPTION TO ALLOW FOR THE EXPORT OF FOOD AND MEDICINE TO CUBA.

Section 10 of this Act shall not apply--

(1) with respect to restrictions imposed under section 5 of the Export Administration Act of 1979 for goods containing parts or components on which export controls are in effect under that section; and

(2) with respect to section 203 of the International Emergency Economic Powers Act, to the extent the authorities under that section are exercised to deal with a threat to the national security of the United States by virtue of the technology incorporated in such goods.

SEC. 12. LIFTING CERTAIN PROHIBITIONS ON VESSELS ENTERING U.S. PORTS.

Sanctions pursuant to section 1706(b) of title XVII of Public Law 102-484 (Cuban Democracy Act of 1992) shall not apply with respect to vessels which have transported food or medicine to Cuba.

SEC. 13. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT PROGRAMS FOR CUBA.

Title IV of the Agricultural Trade Act of 1978 (7 U.S.C. 5661 et seq.) is amended by adding at the end the following:

`SEC. 418. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT PROGRAMS FOR CUBA.

`(a) STUDY- The Secretary shall carry out a study of existing United States agricultural export promotion and credit programs to determine how such programs can be carried out to promote the consumption of United States agricultural commodities in Cuba.

`(b) REPORT- Not later than 90 days after the date of the enactment of this section, the Secretary shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing--

`(1) the results of the study carried out under subsection (a); and

`(2) proposed legislation, if any, to improve the ability of the Secretary to utilize United States agricultural export promotion and credit programs with respect to the consumption of United States agricultural commodities in Cuba.'.

SEC. 14. REPORT TO CONGRESS.

Not later than 6 months after the date of the enactment of this Act, the President shall transmit to the Congress a report that sets forth--

(1) the extent (expressed in volume and dollar amounts) of sales to Cuba of agricultural commodities, medicines, and medical devices, since the date of the enactment of this Act;

(2) a description of the types and end users of the goods so exported; and

(3) whether there has been any indication that any medicines, or medical devices exported to Cuba since the date of the enactment of this Act--

(A) have been used for purposes of torture or other human rights abuses;

(B) were reexported; or

(C) were used in the production of any bio-technological product.

SEC. 15. DEFINITIONS.

(a) AGRICUTURAL COMMODITY- The term `agricultural commodity'--

(1) has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); and

(2) includes fertilizer and organic fertilizer, except to the extent provided pursuant to section 904 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426 of the One Hundred Sixth Congress, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of that Act).

(b) MEDICAL DEVICE- The term `medical device' has the meaning given the term `device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

(c) MEDICINE- The term `medicine' has the meaning given the term `drug' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 7321).

TITLE II

SEC. 20. REPEAL OF CODIFICATION OF TRAVEL RESTRICTIONS BY AMERICAN CITIZENS TO CUBA.

Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426 of the One Hundred Sixth Congress, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of that Act) is hereby repealed.

END